History of Female Genital Mutilation Law Reform in Australia

Discuss about the Submission to Victorian Law Reform Commission.
 

In 1994 the Queensland law reform commission had suggested to include female genital mutilation under the criminal activity and it must be made specific offence. After that the criminal code act 1899 has been amended to make female genital mutilation a criminal offence and the law has been reformed. Female genital mutilation comprises all procedures involving partial or total removal of the external female genitalia or other injury to the female genital organs whether for cultural or other non-therapeutic reasons. After the amendment of the criminal Code act 1899, the activity of female genital mutilation practice has been significantly reduced. This happened due to passing of the law and it has been proven an important change in the social act. The main reason behind the female genital mutilation practice was mostly maintaining hygiene, cleanliness, traditional value, culture or religion in most of the cases. In many cases lack of proper awareness about science or pseudoscience was the reason behind this inhumane and barbaric act. After successful amendment in the act, the practice was reduced in Australia (Veeder & Leo, 2017). Equally male genital mutilation must be prohibited by proper enactment of law in Australia.

The reason behind male genital mutilation or male circumcision is almost similar to the reasons behind female genital mutilation. This is supported by some religions and also by some cultures (Earp, 2015). And it is a common practice in many countries. It is believed that male genital mutilation or male circumcision would help to maintain god health and cleanliness. There are many unscientific beliefs behind this act as well. From different research and study it has been found that the practice is not good for health and this is inhumane as well. This must be termed as barbaric act as thousands of babies goes through this physical torture every year. This can be accepted if male genital mutilation or male circumcision is done for medical purpose or if it happens due to injury. But forceful practice of male genital mutilation or male circumcision after influencing by religion or culture must be prohibited and it should brought under the crimes act 1958. This will help to prevent this barbaric act just like it happened in case of female genital mutilation. It will be beneficial for many if male genital mutilation should be an offense to partner female genital mutilations in crime act 1958 in Australia. This act can help to prevent this practice to a great extent. The main reason behind bringing this practice under law would be citizens will fear the consequences as only protest and social awareness is not having any deep impact on this practice. Similarly social awareness and protest in different places are going in vain as people are not giving it enough importance. With proper law in place, it will be easier to prevent this practice as then only people will be able to understand the impact of this law. Not only people of this country, irrespective of religion opr culture, many health acre organizations are also supporting this act by allowing patients to engage in this activity. For example, it is believed that doing circumcision helps to earn real money (Hicks, 2018). Many organizations charge up to 200 dollar for this act and they can easily conduct four to five operations every hour. This involves a huge sum of money and many doctors are doing it just for sake of money by ignoring its negative sides of this practice. Doctors are frequently engaging in this practice of male genital mutilation or male circumcision across the country and with the proper law in place this can be successfully averted. It has been reported that beefier passing of laws on female genital mutilation, it was widely practiced across the country. The practice has been stopped after successfully the law was amended. This was a milestone in the crimes act 1958 (Rogers, 2016). Victorian Law Reform Commission (VLRC) must take nod of this practice which has been happening for many years across the country and accordingly they should make amendments to stop this barbaric act. There are many people who openly support this act as a part of their religious practice or cultural or traditional practice. Until the law is amended accordingly to incorporate the practice of male genital mutilation or male circumcision, the practice would not be stopped. 

Male Genital Mutilation: A Similar Problem

The practice is not only barbaric and inhumane it has many scientifically proven bad effects on our body. Many doctors believe that it is a harmful practice that removes a normal, functioning part of a child’s genitals at the request of his parents. Most of the cases such parents belong to particular religious groups which support the act of male genital mutilation or male circumcision. Such practices have been in line for many years and this is why these parents are still following them as a custom (Sureshkumar et al.2016). Until there is specific law to stop this social disease, mentality and attitude of these parents toward engaging in such practice cannot be stopped. This is why it is very important to make male genital mutilation an offense to partner with female genital mutilations in crime act 1958 in Australia.  Even in many other western countries this act is being seriously taken and government is planning to ban this practice by passing suitable law. This will change the perception of people about this practice and they will eventually understand the repercussion of this act.

From many medical research and study it has been found that the act of male genital mutilation or male circumcision is detrimental to health. It was said before that it can reduce the risk of HIV or many other sexually transmitted diseases but there are no concrete evidence of such cases. Also its impact on other diseases and conditions are negligible. It means the health benefit of this practice is very negligible and these factors should not be taken into consideration while making amendments in the law. There are many consequences of male genital mutilation or male circumcision (McLaughlin & Jerome, 2016). It is often done after few months of birth of a child. The process includes severe pain and shock. Apart from the child may go through hemorrhage from the site of action, infection of the area, skin loss at the site of circumcision, injury to peripheral tissues and adjoin parts of the body. In many cases loss of penis is also being reported after unsuccessful male genital mutilation or male circumcision along with skin bridges, glans deformation or meatal stenosis. In many cases hemorrhage and infection may cause death of the child as well, there are many reported cases of death cause due to male genital mutilation or male circumcision. One of the most concerning fact about the process that has been reported spreading of contagious diseases by use of same instrument or apparatus in multiple operation of male genital mutilation or male circumcision. This is one of the possible causes of transmission of HIV (Dawson et al. 2017). Few studies show that there is a link between male genital mutilation or male circumcision and reduced rate of HIV infection which may encourage this barbaric act to a large extent. These are the most common immediate effect of male genital mutilation or male circumcision but there are many long term effects as well. Long term effects may include formation of scars, keratinization of the area, dysfunction of sexual organs, less sensitivity during intercourse due to hardening of the glans penis. Gardening of the glans penis may include friction during the time of intercourse and it will make the process painful for the partners. Apart from that male genital mutilation or male circumcision may lead to dysfunctional psychosexual and psychological health (Dawson et al. 2017). From many study and research it has been observed that men with mutilated genitals often suffer from low self esteem and it may leave a long lasting mark on their life and also on their mind for ever. Gradually it may lead to depression and other mental illness. This is why this process must be taken seriously by the law reform authority.

Conclusion

Victorian Law Reform Commission (VLRC) must think about the issue seriously and they must incorporate this issue with the existing law related to female genital mutilation. With proper amendment to the law, this will certainly help the society and this barbaric practice can be stopped. As a member of the stakeholder group which advocated the campaign against male genital mutilation or male circumcision, I request the authority to take appropriate action on this issue. Like female genital mutilation, male genital mutilation must be stopped in this country. 

Reference

Dawson, A., Varol, N., Turkmani, S., Hall, J., & Black, K. (2017). Evidence-based policy responses to strengthen health, community and legislative systems to care for women with female genital mutilation in Australia. Reproductive Health.

Earp, B. D. (2015). Female genital mutilation and male circumcision: Toward an autonomy-based ethical framework. Medicolegal and Bioethics, 5(1), 89-104.

Hicks, E. (2018). Infibulation: female mutilation in islamic Northeastern Africa. Routledge.

McLaughlin, J., & Jerome, P. (2016). The Legal and Medical Ethical Entanglements of Infant Male Circumcision and International Law. Journal of Medical Law and Ethics, 4(1), 23-38.

Rogers, J. B. (2016). The first case addressing female genital mutilation in Australia: Where is the harm?. Alternative Law Journal, 41(4), 235-238.

Sureshkumar, P., Zurynski, Y., Moloney, S., Raman, S., Varol, N., & Elliott, E. J. (2016). Female genital mutilation: Survey of paediatricians’ knowledge, attitudes and practice. Child abuse & neglect, 55, 1-9.

Veeder, T. A., & Leo, R. J. (2017). Male genital self-mutilation: a systematic review of psychiatric disorders and psychosocial factors. General hospital psychiatry, 44, 43-50.